Will Contests - Prediction and Prevention

Estate Planning & Community Property Law Journal, Vol. 4, p. 1, 2011

52 Pages Posted: 2 Mar 2012

See all articles by Gerry W. Beyer

Gerry W. Beyer

Texas Tech University School of Law

Date Written: 2011

Abstract

An estate planner must always be on guard when drafting instruments that may supply incentive for someone to contest a will. Anytime an individual would take more through intestacy or under a prior will, the potential for a will contest exists, especially if the estate is large. Although will contests are relatively rare, the prudent attorney must recognize situations that are likely to inspire a will contest and take steps during the drafting stage to reduce the probability of a will contest action and the chances of its success.

This article examines the situations which provide an enhanced likelihood of a will contest and then details the techniques a prudent attorney should consider. An important caveat is in order. Although this article discusses a wide range of strategies that may be helpful in preventing will contests, these techniques vary widely in both cost and predictability of results. There is no uniform approach to use for all clients. Each situation needs to be carefully examined on its own merits before deciding which, if any, of the techniques should be used.

Keywords: wills, estates, probate, will contests, in terrorem, will execution, videorecorded wills, ante-mortem probate

JEL Classification: K11

Suggested Citation

Beyer, Gerry W., Will Contests - Prediction and Prevention (2011). Estate Planning & Community Property Law Journal, Vol. 4, p. 1, 2011. Available at SSRN: https://ssrn.com/abstract=2014290

Gerry W. Beyer (Contact Author)

Texas Tech University School of Law ( email )

3311 18th Street
Lubbock, TX 79409-0004
United States
806-834-4270 (Phone)
978-285-7941 (Fax)

HOME PAGE: http://www.ProfessorBeyer.com

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